Chair report

Just before I was elected in 2013 to the Access Copyright Board, I joked that it wasn’t so much that I had volunteered to put my name forward, it was more a case of being “voluntold”. Thinking back to that moment, I never would have imagined that it was just the start of close to an entire decade immersed in the work that the organization does. As with many things in life, it was unplanned but has been immensely gratifying.

When I joined the Board, I only had a passing understanding of Access Copyright and its role in supporting Canada’s creative sector. Now, as my time on the Board winds to a close, I express a deep and abiding appreciation of the vital work that the dedicated and tenacious staff of Access Copyright undertakes and what it means to creators, publishers and those whose jobs rely on the ready availability of quality, Canadian content.

To say that it’s been an honour to have had this privilege, especially with the past seven years serving as Board Chair, is an understatement.

When reflecting on the past nine years, I am particularly pleased to recall how the Board has transformed from one composed entirely of creator and publisher representatives to one with a deep variety of viewpoints, experiences and expertise. This diversity has not only enriched the discussions that take place around the Board table (or, as has been mostly the case during the past two years, the Zoom screen), but has also equipped the Board to make more inclusive, considered and forward-looking decisions to guide Access Copyright’s strategic direction.

As I write this, Canadian creators and publishers continue to be deprived of payment for the copying of their works by most educational institutions outside of Quebec. There are promising signs that the government recognizes that a legislative solution is the only path forward to a sustainable marketplace for educational works and to address the considerable damage that Canada’s creative sector has endured over the past decade. The tireless and unceasing efforts of Access Copyright is a huge reason why there is now optimism that long-needed changes to Canada’s Copyright Act may finally be enacted. I have no doubt that Access Copyright will play a critical role in helping to get this to the finish line. Even as I retreat to the sidelines, I will be rooting hard for the future success of Access Copyright and the creators and publishers it represents.


Cameron Macdonald
Chair of the Access Copyright Board

Cameron Macdonald

The tireless and unceasing efforts of Access Copyright is a huge reason why there is now optimism that long-needed changes to Canada’s Copyright Act may finally be enacted.

President & CEO’s Report

One of the things I have always cherished about my 20 years at Access Copyright is the higher purpose at play in the work we do; namely, that the creations of Canadian writers, visual artists and publishers have value and that when they are copied and shared, that usage should be paid for.


Roanie Levy
President & CEO, Access Copyright & Prescient Innovations

It's time for the government to take action. Canada’s creative sector can’t afford to wait any longer.

Image credit: Jennifer Rowsom Photography

Roanie Levy

Our work is directed by three strategic priorities:

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Champion

copyrights of creators and publishers to foster a sustainable ecosystem

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Advance

our products and services to adapt to our changing environment, increase value to our customers, and grow distributions to our creators

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Drive

rightsholder-focused thought leadership and innovation with those who create, use and value content

CHAMPION copyrights of creators and publishers to foster a sustainable ecosystem

Raquel Rivera, author

Raquel Rivera, author

This year marked a critical point in the decade long struggle for creators and publishers to be paid for the mass and systematic copying of their works by the education sector. The disappointing decision of the Supreme Court of Canada in the York University litigation served to crystalize the urgent need for the federal government to implement legislative reform to restore a functioning market and to ensure the continued creation of content for Canadian classrooms.


A CALL OTTAWA CAN’T IGNORE

We were encouraged to see the passionate engagement and participation of Canadian creators and publishers in several advocacy initiatives as part of the ongoing I Value Canadian Stories campaign.

150+

creators participated in several social-media campaigns

25,000+

organic social-media content engagements

4,339,770

promoted social-media impressions

8,165

unique page views of the I Value Canadian Stories website

150+

creators participated in several social-media campaigns

25,000+

organic social-media content engagements

4,339,770

promoted social-media impressions

8,165

unique page views of the I Value Canadian Stories website

On March 30, 2022, Access Copyright received a letter from the Ministry of Education in British Columbia, stating that the Ministry will not resume tariff payments. This position taken by the Ministry is extremely disappointing and we strongly disagree with it. Access Copyright will engage in discussions with the Ministry regarding the resumption of tariff payments.

ADVANCE our products and services to adapt to our changing environment, increase value to our customers, and grow distributions to our creators

Corey Redekop, author

Corey Redekop, author

Despite a challenging copyright landscape, our Canadian corporate customer base held steady in 2021 even as our overall corporate licensing revenue declined by 7% compared to 2020. This decrease is attributable to a drop in foreign corporate-licensing revenue as well as unfavourable foreign exchange rates.

We engaged more deeply with our customers through in-depth interviews with licensees and a customer survey to assess how else we might better serve them and also debuted an instructional video for our online search tool to make it easier for our licensees to discover the millions of works in our repertoire.

As part of Access Copyright’s commitment to diversity and inclusion, we launched a mentorship program in partnership with the University of Toronto to provide guidance and advice to young BIPOC students. Mentees in the program in 2021 benefited from coaching by Access Copyright staff members in the communications and legal fields. Our diversity and inclusion efforts have also included engaging our staff in training on such topics as unconscious bias.

DRIVE rightsholder-focused thought leadership and innovation with those who create, use and value content

Imprimo
Imprimo logo Attribution Ledger logo Prescient logo

2021’s focus was on preparing to launch Imprimo as the first live use case for the Attribution Ledger. Imprimo is a “LinkedIn for visual artists” – an online platform for artists to manage their works, be discovered, gain exposure and take their career to the next level.

Prior to its public launch on March 28, 2022, over 1,000 artists signed up to our waitlist to be among the first invited to explore Imprimo and build their online CV.

Imprimo exemplifies Prescient Innovations’ vision of solving the attribution problem to ensure that creators are properly attributed and paid when their works are used. Imprimo is the first live use case for the Attribution Ledger – a trusted source providing an authoritative, verified connection between a work, its metadata and its creator(s) and/or rightsholder(s).

Imprimo is a project of CARFAC, COVA-DAAV and Regroupement des artistes en arts visuels du Québec (RAAV). It is built in partnership with Prescient Innovations — a subsidiary of Access Copyright — with funding from the Canada Council for the Arts.

In addition to building products, we presented several webinars on emerging technological trends including exploring the world of NFTs (non-fungible tokens) and their possible applications for the art and literary worlds, and a presentation by Roanie Levy on the Attribution Ledger at the World Intellectual Property Organization’s Impact of Web 3.0 on Cultural Industries event.

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DISTRIBUTIONS AND FINANCIALS

In 2021, Access Copyright recognized just over $11.2 million in revenue, which is higher than anticipated but still represents a decline of approximately $1.8 million from 2020. The decrease in revenue is primarily the result of lower licensing revenues from the education sector. Operationally, our expenses for 2021 came in at just over $6.4 million, which is in line with 2020 expenses when adjusted for a provision for doubtful accounts of $1 million recorded in 2020, reflecting the failure of the British Columbia Ministry of Education to pay royalties owing under the Access Copyright Elementary and Secondary Schools Tariff. $6.5 million in royalties were distributed in 2021 to rightsholders, an expected but disappointing decline from 2020 that continues to reflect the urgent need for the federal government to reform the Copyright Act so that creators and publishers are fairly compensated for the copying of their works by the educational sector.

Charting the Impact of Fair Dealing for Education (2012-2021)*

A breakdown of 2021 distributions - Education revenue A breakdown of 2021 distributions - Total distribution

* Revenue and distribution totals do not include retroactive K-12 Tariff royalties recognized in 2012, 2013 and 2019.

Download iconAccess Copyright’s 2021 Audited Financial Statements

Distributions at a Glance

Distributions at a Glance $6,530,500 Distributions breakdown

2021 Domestic Distribution (Millions)*

This chart predicts the 2021 split in domestic distributions based on the results of the 2020 publisher royalty survey.

The 2021 split in domestic distributions based on the results of the 2020 publisher royalty survey.